889 resultados para Philosophy of law
Resumo:
Decision In the Matter of Gray highlights complications that advancing medical technology causes to the law - case concerns the issue of removal of semen from a deceased man - how the courts deal with matters concerning medical technology in the absence of specific legislation or established case law - legal and moral questions raised by the case.
Resumo:
The Lockerbie Trial, concerning the explosion of Pan Am flight 103 over Lockerbie, Scotland, in 1988, took place in the Netherlands because of the fear that pre-trial publicity would make a fair trial impossible and also fears for the physical safety of the accused - case for the prosecution - application of Scottish law - report of an observer at the trial, Professor Kochler - the International Criminal Court - leave to appeal granted.
Resumo:
In Minister for Immigration and Multicultural Affairs v Khawar, the Federal Court upheld a finding setting aside the refusal of the Refugee Review Tribunal (RRT) to grant a protection visa to a Pakistani woman - Tribunal's failure to consider the notion that state tolerance of violence for discriminatory reasons could amount to persecution under the definition of 'refugee' in the Convention Relating to the Status of Refugees.
Resumo:
Members of the Yorta Yorta Aboriginal Community v State of Victoria was the first case in which a claim for native title was lodged in a non-remote area of the Australian mainland which was the subject of European settlement at an early stage in Australian history - highlights the difficulties in establishing native title claims in long settled regions of Australia - a failure to recognise the strength of oral tradition in establishing Aboriginal connection with the land.
Resumo:
Challenges posed to copyright law in the digital age is most evident in A and M Records Inc v Napster Inc - the various court rulings indicate that Napster is likely to be held responsible for massive copyright infringement should the case come to a full trial - implications for Australian copyright law, the recording industry and individual artists - globalisation may hinder the ability of the recording industry to prevent mass copyright infringement.
Resumo:
Despite growing attention to crop and property damage caused by the Asian elephant, uncertainty exists about the magnitude of this problem. This article explores the nature and, Magnitude of this problem in Sri Lanka. An economic analysis of individual farmers'. decisions to control elephants is provided. Government policies to assist farmers in coping with the elephant pest problem are assessed. Appropriate compensation schemes for farmers are seen as potentially more effective for conserving elephants in Sri Lanka than legal prohibitions on the killing of elephants. The issues raised here have wider relevance than merely to Sri Lanka or Asian elephants.